The Lease

Can they do that?Can maintenance just come in my apartment without warning?

Do I have to pay late fees for my roommate?$50 for a light bulb! Is that legal?

I hate my roommate – can I move?Do they have to repair my dishwasher?

Eww! Spiders! Can I make them spray for bugs?

The answer to all of your questions can be found in………

Renting: Rules of the Game

Attorney for StudentsLBJ Student Center 5.105

(512) 245-2370http://attorney.dos.txstate.edu/

Follow us on Facebook & Twitter @ TXST_AFS

Overview

1. What do you need in an apartment?2. How do you choose a new place?3. Lease – what is it, why does it matter4. Requesting repairs5. Common Problems6. Questions

Players in the Game

• Tenant – you and your roommates

• Landlord – owner of complex/house

• Law – minimum requirements a landlord must obey

• Lease – contract with terms and conditions

• Security Deposit – money the landlord requires you to pay before moving in; refundable at end of lease

CHOOSING A NEW HOMEWhat do you need? What do you want?

Budget• How much money will you have?

– Loans, scholarships, grants– Parents– Other income

• What will you need money for?– Rent– Application fee, Security Deposit – Pet fees

• Estimate $250-$500 per pet

– Electricity, Water, Gas, trash• Estimate $100-$150 each month for your share of the bills

– Cable & Internet• Estimate $100 per month

– Moving expenses– Food

Lease = Financial Obligation

• Think of the full cost and not just monthly rent12 months @ $450 per month = $5400+ 12 months @ $100 utilities per month = $1200+ 12 months @ $100 cable & internet = $1200+ $250 security deposit & $50 application fee

TOTAL = $8100 yearly obligation

• Monthly rent VS. Installment payments– Installments aren’t prorated and you owe money

BEFORE you move in or get financial aid awards

How long will you want to stay?

• Will you need a full year? – Graduation– Study abroad– Summer internships, work opportunities

• Can you break the lease if….– Leave school?– Graduate early?– Get married or divorced?– Lose a roommate?– Become ill?– Die?

NO!!!

2 Ways to Legally Break the Lease

• Domestic Violence– Criminal charges filed– Protective order issued

• Military leave– Active duty– Must be for longer than 90 days

Choose Roommates Carefully

Renting Together Agreement

• Memorialize your agreement in writing– 17 questions to consider/answer– Keep a copy!

• Avoid future problems and disagreements

• Free form on our website: http://attorney.dos.txstate.edu/

Amenities needed?

• Bus routes, public transportation• Computer facility• Laundry• Stores in walking distance• Pet friendly• Handicap accessible

How do I compare places?

• Research apartment complexes– Online review sites (apartments.com, rentals.com)– Go in person and look at each complex– Walk around, talk to people who live there

• Request a copy of their lease – READ IT• Use a free app like LeaseLobster• Think it over for a few days

ACT Ally Members

• ACT – Achieving Community Together– Ally Members – complexes and landlords that

signed a contract with the University and pledged to treat students fairly and ethically

– http://www.lbjsc.txstate.edu/services/act

• Texas State Housing Fair – February 2014– Win cash prizes and a flat screen TV

Today ONLY!!!!!!!!!!!!!! $399.99 rent!*

Sign up today for a FREE ipod!*

• $399.99 price only available for current calendar year, management reserves right to cancel promotion at anytime without warning. Limit one device per lease, ipod or comparable device to be provided to tenant after one half o the lease has been completed, tenant must pick up device at time and place to be determined, management reserves the right to substitute comparably priced gadget for ipod, $99 processing fee to be applied at end of lease

$399.99Sign Now!

I found a place!

Now what?

How do I start the lease process?• Fill out application

– Keep a copy

• Pay application fee or deposit (fees are non-refundable, deposits may be returned)– Credit check– Criminal history check

• Landlord has 7 days to accept or deny– If accepted, go back and sign the lease. Do not wait until the day of move

in to sign the contract.

• Guarantor or Co-signer may be required

Will I need a co-signer?

• Co-signer or Guarantor– LL doesn’t trust you to pay the rent because you’re

young and have little credit history to prove that you can pay bills on time

– Co-signer or guarantor is a person who promises to pay the landlord if anything goes wrong

• Even if it wasn’t your fault.

• Be careful!– Landlord can make you pay but not let you stay if

you fail to provide a guarantor

THE LEASEThe most important document you’ll sign this year.

Leases – 2 Types

• Traditional Lease– You and your roommates are on the exact same lease. You are 100%

responsible for yourself AND your roommates.• Bob and Joe sign a lease. Joe quits school in December and moves back

home with his parents. • Bob is now responsible for paying the ENTIRE rent or he will be evicted.

• Individual Lease– You rent one bedroom in a large apartment and share a common

living and kitchen area.• Bob signs a lease for bedroom A in a 3 bedroom unit. Joe and Tom are

assigned to be his roommates. Joe quits school in December and moves home. Bob doesn’t have to worry about what Joe does.

• The landlord can now move a new roommate into Joe’s old bedroom.

Things to Look for in all Leases

• Rent and deposit amounts are accurate• Owner’s name and address provided• Emergency contact number• Sublease and early move out terms/conditions• Pest control - who is responsible?

• Watch out for:– Non-refundable fees– Required cleaning or professional services– List of possible charges/fees

Sign the Lease.

Keep a copy!Keep a copy!Keep a copy!

Move In: More than just unpacking

• Pick up the keys and immediately inspect the apartment

• Take pictures of everything– Better yet use an app like

RentRhino• Fill out inventory form and

turn in within 48 hours– Keep a copy!

Move Out: More than just repacking

• Must give written move out notice– Lease should specify how many days (30, 60, etc.)– Keep a copy!

• Clean everything!• Take pictures of your clean, empty apartment

apartment (RentRhino)• Ask landlord for walk-through

• Turn in keys and give written forwarding address– Keep a copy!

Where’s my money?

• If you gave written move out notice and a forwarding address, the landlord must refund your security deposit within 30 days

• Forgot to give written move out notice? – You might lose your money

• Forgot to give written forwarding address?– You might lose your money

REPAIRS & PROBLEMSPut it in writing!

Problems in your apartment?

Which of these must the LL fix?

• Loud train crossing keeps you up at night• Broken tanning beds or workout equipment• Shuttle bus stops running• Scuff marks on walls• Stained carpet• Broken dishwasher• Roaches or mice• Broken air conditioner

Health or Safety

• “Material effect” on your health or safety

• Inconvenient or ugly vs. health or safety– Crowded parking lot vs. Unlit parking garage– Noisy dishwasher vs. clogged sink drain

• Seek the advice of an attorney

Requesting a Repair

• Law requires that it be in writing AND mailed– Email does NOT count as writing or mailing

• Texas law gives two options– Send letter, wait 7 days. If no response, send letter again and wait

another 7 days.– OR, send first letter via certified mail with a return receipt. If no

response after 7 days, see a lawyer.

• Landlord can require that you ALSO give them notice via the web or email– Hence, you have to tell them twice.

How to Request a Repair

• Type a letter– Address it to owner– Date it– Tell them what apartment you live in and what the problem

is, how long has the problem existed – Ask them to repair the problem within 7 days– Mail it with a STAMP (or certified with return receipt)

• Keep a copy!– How will you prove that you sent a letter if you don’t have a

copy?

Making Repairs

• Law says within 7 days of notice is reasonable amount of time to begin repair– Each case is different and fact specific

• Leaky toilet vs. Leaky roof• Professional landlord vs. Mom & Pop rental

• Do I have to let the landlord fix it?– Yes. Law gives LL several chances to correct the

problem and maintain the lease.

Common Problems

• Apartment not as pictured• Parking sucks• Landlord won’t call you back• Hate the roommate you were given• Roommate didn’t pay bill• Your boyfriend is always there – should you pay

more?• Rent a house. Does master bedroom pay more?• Roommate spent the security deposit check

Renting Houses in San Marcos

• Single Family Ordinance– Houses in these areas cannot have more than 2

unrelated people living there– Landlord does NOT have to disclose this to you– City of San Marcos CAN force you to move

Technology to the Rescue!

Available on iPhone and Android

Questions?

Attorney for StudentsLBJ Student Center 5.105

(512) 245-2370http://attorney.dos.txstate.edu/

Follow us on Facebook & Twitter @ TXST_AFS